Nirmala Wd/O Nagorao Gadling And Another v. Union Of India, Through General Manager, Central Railway, Mumbai Cst And Another

15.caf.899.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.

OF 2023 IN FIRST APPEAL NO.1450 OF 2019 (Smt. Nirmala wd/o Nagorao Gadling and anr. Vs. Union of India) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Zoher Shakir, Advocate h/f Shri R.S. Suryawanshi, Advocate for the appellants.

Ms N. Choubey, Advocate for the respondent.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH , 2023.

Heard.

2.

Present application is filed for speaking to minutes on the ground that this Court has directed the respondent - Central Railway to pay the interest @ 7.5% per annum from the date of lodging of the claim till payment within a period of 60 days from the receipt of the judgment.

3.

It is submitted by Ms Choubey, learned Counsel for the respondent that in view of the judgment of the Hon'ble Apex Court in Union of India Vs. Rina Devi (2018) SC 2362, the claimants are not entitled for the interest.

4.

Said issue cannot be decided in an application filed for speaking to minutes. The respondent has to file the appropriate application as to aware the appropriate remedy for setting aside the said order.

15.caf.899.23.odt 5.

In view of that civil application is disposed of as rejected.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant